[ad_1]
But these comments are also subject to interpretation.
In the speech, Judge Kavanaugh noted that the Supreme Court case that upheld the Health Act, National Federation of Independent Business c. Sebelius was settled by the principle of "constitutional avoidance". avoid ruling on constitutional issues if the case can be resolved on the basis of non-constitutional issues.
Here is a key passage from his speech:
"For all that was written about the NFIB In this case, the decision on the individual mandate did not deal with the correct interpretation of the Constitution and not on the best interpretation of the law, it was based entirely on the latitude available to judges to find ambiguity when they invoked the canon of constitutional avoidance. Is a very strange situation.A case of extraordinary magnitude comes down to whether a key provision is clear or ambiguous, even though we have no idea of the amount of ambiguity that is sufficient to begin, nor how to determine the level of ambiguity of a particular law. "[19659005] M. Bagley said that he believed that Judge Kavanaugh "made, frankly, an academic point of view" on how the frequent application of constitutional avoidance by Judge John G. Roberts Jr. should be used with more parsimony.
million. Bagley and Ms. Parmet said Democrats have legitimate reasons to worry that, if confirmed in the Supreme Court, Judge Kavanaugh would side with the Trump administration's efforts to dilute the Affordable Care Act – especially in cases on the contraceptive warrant, short-term health plans or health insurer payments.
But the two professors stated that Justice Kavanaugh's writings on the health act are more restrictive than the Democrats claim.
"Looking at her work as a whole, there are reasons for the Democrats to be concerned," Parmet said, "but some of their specific points could be overestimated."
Sources: Seven-Sky c. Holder, The Federalist, Reason, Sissel c. Department of Health and Human Services, Congressional Research Service, C-Span, Wendy Parmet, Nicholas Bagley, Senators Chuck Schumer and Patty Murray, The New York Times
Source link
